The village has become concerned about the appearance and impact of satellite antennas, also commonly referred to as "dish antennas." Unless regulated, such antennas can be installed in an unsafe and aesthetically unpleasant manner with an adverse impact on the inhabitants of the village and on surrounding properties. The intent and purpose of this article is to establish a procedure and the criteria to avoid the adverse impacts of the installation of such antennas and to preserve the character, beauty and general welfare of the village.

(L.L. No. 1-2007, § 1, 6-19-07)

As used in this article, the following terms shall have the meanings ascribed thereto:

(1)

Satellite antenna means any parabolic dish or other antenna, apparatus or device which is designed to receive television, radio, microwave or other electronic signals, or any combination thereof, from a transmitter or transmitter relay in outer space.

(2)

Usable satellite signal means a satellite signal when viewed on a television set is at least equal in picture quality to that received from a local commercial television station or by way of cable television.

(L.L. No. 1-2007, § 1, 6-19-07)

A satellite antenna in all respects shall be considered an accessory structure and, except as otherwise provided in this article, shall be subject to all the zoning regulations contained in this chapter.

(L.L. No. 1-2007, § 1, 6-19-07)

(1)

No owner, lessee or occupant of any property within the village shall cause, suffer, or permit the erection and/or maintenance of a satellite antenna, except as set forth in this article.

(2)

Any satellite antenna of at least thirty-two (32) inches in diameter shall be considered a structure requiring a building permit and, as such, shall not be located forward of the rear wall of the main structure on the lot. No such satellite antenna or any of its cables, guy wires, supports or any other above ground appurtenances shall be built, erected or maintained nearer than five (5) feet of the side or rear lines of the lot upon which it is located. On any corner lot, no satellite or any of its cables, guy wires or other above ground appurtenances shall be built, erected or maintained nearer to the street line than is allowed for other structures.

(3)

An application for a building permit shall be made to the building inspector. The application shall contain the name and address of the owner of the land on which it is to be placed, the name and address of the applicant, the address of the property on which it is to be placed and such other information as shall be required by the building inspector.

(L.L. No. 1-2007, § 1, 6-19-07)

The following requirements apply to the installation and maintenance of satellite antennas in all zoning districts:

(a)

No installation shall be allowed over, under or upon land affected by a public or private easement.

(b)

The diameter of such satellite antenna shall not exceed twelve (12) feet along its longest axis and the height of such antenna above ground level on which it is placed shall not exceed fifteen (15) feet.

(c)

The color of the antenna shall be in solid tones of beige, brown, black, grey or green and said color tones shall not be altered.

(d)

To the extent consistent with its ability to receive a useable satellite signal, a satellite antenna shall be located and designed to reduce or eliminate its visibility from surrounding properties when viewed at street level and from public streets. Nothing in this article, however, shall be construed to permit a fence or other screening structure that is otherwise prohibited by the Code of the Village of Kenmore.

(e)

All installations shall be accomplished in a workmanlike manner and shall be so installed and secured as to give reasonable assurance of the absence of potential hazard from wind, electrical or other factors giving rise to an unsafe condition.

(f)

Satellite antennas shall meet manufacturer's installation specifications and shall be of noncombustible and corrosive resistant material.

(g)

Every satellite antenna must be grounded for protection against a direct lightning strike.

(h)

No satellite antenna may be located on any trailer or other portable device.

(i)

Littering, symbols or other graphic matter placed on any part of a satellite antenna or structure may consist of the manufacturer's identification only and shall not exceed two (2) square feet in total area.

(j)

If a satellite antenna is remove or abandoned, all components appurtenant to such antenna, including but not limited to the foundation, structures, guy wires and cables, connected to it shall be removed. The building inspector shall be notified in writing within ten (10) days of completion of the removal.

(k)

All satellite antennas, supports and attachments and the installation of such antennas shall comply with the applicable provisions of the state uniform fire prevention and building construction code.

(l)

Multiple dwellings and commercial or industrial buildings shall be allowed no more than two (2) satellite antennas.

(m)

One- and two-family dwellings shall be allowed one satellite antenna not exceeding thirty-two (32) inches in diameter for each dwelling unit or one satellite dish of thirty-two (32) inches or more.

(L.L. No. 1-2007, § 1, 6-19-07)

(1)

No satellite antenna that is thirty-two (32) inches or more in diameter may be installed above, mounted on or attached to any building, tower or other structure in any residential district. Such antenna shall be installed freestanding on the ground. If a reasonably satisfactory television signal cannot be obtained by such ground level installation, the zoning board of appeals may permit the antenna to be located on the roof of the building but in no event may any satellite antenna extend more than three (3) feet above the highest part of the roof of the dwelling on the lot.

(2)

Satellite antennas not exceeding twenty-four (24) inches in diameter that serve one- and two-family dwellings shall be permitted to be attached to the dwelling or an accessory structure on the lot provided that the antenna does not project higher that the highest apart of the roof of the dwelling on the lot and no part of such antenna extends into the area between the front of such dwelling and the sidewalk.

(3)

In residential districts, satellite antennas of at least twenty-four (24) inches but no more than thirty-two (32) inches in diameter shall be located no more than twelve (12) feet from the rear of the dwelling on the lot and may not project higher than the highest point of the roof of the dwelling.

(4)

A satellite antenna may be mounted on, attached to or adjacent to a building in a business, commercial or industrial district provided its height does not exceed fifteen (15) feet above the highest point of the building.

(L.L. No. 1-2007, § 1, 6-19-07)

Any satellite antenna installed and operating prior to the effective date of this article, or the amendments thereto, if otherwise in compliance with existing law but not in compliance with this article, or the amendments thereto, shall be deemed a nonconforming use.

(L.L. No. 1-2007, § 1, 6-19-07)

The zoning board of appeals in appropriate cases may grant a variance from the strict application of the provisions of this article consistent with the requirements of the Village Law.

(L.L. No. 1-2007, § 1, 6-19-07)